This case concerns the first appeal from a Hearing Officer of the UK Intellectual Property Office (“UK IPO”) to the Scottish Court of Session.   The dispute at issue was between CCHG Limited t/a Vaporized (the “Appellant”) and Vapouriz Limited (the “Respondent”).  The Respondent had brought an invalidity action before the UK IPO based on…

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be watchful that your trademark is not printed on products of competitors, under the pretense of – the…

A recent decision of the Federal Patent Court in Germany (Decision of 1 March 2016 on Case 29 W (pat) 33/13) shows that the unitary character of an EU trademark (EUTM) does not necessarily mean that it enjoys the same level of protection in all EU member states. In opposition proceedings in Germany, the Federal…

The General Court has upheld OHIM’s Board of Appeal in rejecting an opposition in which the shared element in the respective marks – PURE – was descriptive for the goods in question. This serves as a reminder of the difficulty of asserting rights on the basis of prominent descriptive elements within figurative or complex trade…